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COVID-19: DHS announces flexibility in requirements related to Form I-9 compliance

  1. Date Announced

    March 20, 2020

    COVID-19: DHS announces that ICE will exercise prosecutorial discretion to defer the physical presence requirements for the Employment Eligibility Verification (Form I-9) until May 19, 2020. DHS also announces that any employers who were served notices of inspection (NOIs) in March 2020 and have not already responded will be granted an automatic extension for 60 days; at the end of 60 days, DHS will determine if an additional extension will be granted. [ID #990]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    March 20, 2020
  3. Subsequent Action

    May 14, 2020 May 2020 Extension
  4. Subsequent Action

    June 16, 2020 June 2020 Extension
  5. Subsequent Action

    July 18, 2020 July 2020 Extension
  6. Subsequent Action

    August 18, 2020 August 2020 Extension
  7. Subsequent Action

    September 14, 2020 September 2020 Extension
  8. Subsequent Action

    November 18, 2020 November 2020 Extension
  9. Subsequent Action

    December 23, 2020 December 2020 Extension
  10. Biden Administration Action

    January 27, 2021

    This Biden administration policy extends the Trump-era policy identified in this entry.

    On January 27, 2021, ICE announced that it will extend its Form I-9 compliance flexibility through March 31, 2021.

    ICE Announces Extension to I-9 Compliance Flexibility (January 2021 Extension)
  11. Biden Administration Action

    March 31, 2021

    This Biden administration policy extends the Trump-era policy identified in this entry.

    On March 31, 2021, ICE announced that it will extend its Form I-9 compliance flexibility through May 31, 2021. The current extension also includes guidance for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions.

    2021.03.31 ICE announces extension, new employee guidance to I-9 compliance flexibility
Status: Final/Actual
Subject Matter: Employment Verification
Agencies Affected: ICE

Prior Policies

  • In normal times, a new employee must present documentation to the employer from the Lists of Acceptable Documents (Form 1-9 Instructions) that establishes identity and employment authorization. The employer is normally required to review the documents in the employee's physical presence and must accept the documents if the document(s) reasonably appears to be genuine and to relate to the employee.

    8 CFR § 274a.2 - Verification of identity and employment authorization

Subsequent Actions

Biden Administration Actions

  1. Associated or Derivative Policies

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